Indecent act on underaged boy

Nicholas Birch (30) has nearly 100 convictions to his name, featuring fraud and sex charges. Photo: Rob Kidd
Nicholas Birch (30) has nearly 100 convictions to his name, featuring fraud and sex charges. Photo: Rob Kidd
A notorious fraudster who sexually assaulted a boy and then wiped his own cellphone to restrict the police's access to evidence has been jailed for a year.

Nicholas Birch (30) was convicted following a jury trial at the Dunedin District Court in September of attempting to obstruct the course of justice and committing an indecent act on a 15-year-old boy.

He remotely accessed the phone before police could examine it, and removed texts and other incriminating material linking him to the sexual offending against the teenager, between August 24 and September 6 last year.

This came after police had questioned him over the allegations made by the teen and Birch realised he was in trouble.

Judge Peter Rollo said at sentencing yesterday the victim originally got in touch with the defendant after hearing of his sexual preferences.

''He saw this as a way of making some easy money,'' he said.

The pair agreed the boy would perform a solo sex act for money.

But the victim claimed Birch had touched him while that happened, contrary to the terms of their arrangement.

The jury rejected that version of events.

However, the defendant eventually sealed his own fate by admitting he indecently touched the boy when they met again a week later.

In its verdict, the jury decided he knew the victim was under age.

The judge said Birch's actions in later wiping his iPhone memory were of little consequence because police had a lot of his messages from the victim's phone.

Birch has almost 100 convictions, mainly for fraud, some involving falsely promising to pay young men tens of thousands of dollars to perform sex acts.

His most recent prison term was of 23 months for making a false statement and three of driving while disqualified.

In March 2015, Birch stood in the Alexandra District Court claiming to be the representative of a ''successful businessman, horse trainer and philanthropist'' vouching for a criminal in the dock.

He offered to pay more than $25,000 the burglar owed in reparation, and claimed there was employment waiting for him when his sentence ended, which resulted in the man receiving a sentence discount.

But the story was a ruse.

Birch and the man had been cellmates at the Otago Corrections Facility until 19 days before the incident, and the sentencing judge said the whole scenario appeared to have been set up while the pair were behind bars.

Judge Rollo yesterday said he was impressed with a letter the defendant had written to the court, which outlined his background and his shame over the offending.

Birch had been raised around the racing industry and had recently been involved in the business as an equine chiropractor.

Since amassing his dishonesty convictions, he had been banned from racecourses, the court heard.

''Your letter you wrote to the court was very insightful. You demonstrate intelligence and ability with words,'' the judge said.

''The challenge for you will be to chart a better course for your life and keep away from the criminal justice system.''

As a result of yesterday's sentencing, Birch was added to the Child Sex Offender Register.

rob.kidd@odt.co.nz

 

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